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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Himashmi Saikia, C/o. Pinky Borah Saikia – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary, Health And Family Welfare Department – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Addl. AG, Assam appearing for the State/ respondent.
2. The petitioners by way of instituting the present proceeding have assailed a notice dated 13-10-2024 issued towards cancellation of the recruitment process initiated vide advertisement dated 30-07-2022 in respect of the posts against which the process of recruitment, was not taken to its logical conclusion.
3. The petitioners in pursuance to an advertisement dated 30-07-2022 issued by the Mission Director, NHM, Assam, inviting applications for engagement on contractual basis against various posts, including the post of Rehabilitation Workers, having fulfilled the requisite eligibility criteria had submitted their respective candidature for consideration for such recruitment against the post of Rehabilitation Workers. The petitioners being found to be eligible for being considered for recruitment against the post of Rehabilitation Workers, they were permitted to appear in a selection process held for the matter. The petitioners participated in the interview held for the said position on 01-08-2023 and 02- 08
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
Decisions affecting public employment must be lawful and justified, with candidates not holding an indefeasible right to appointment, but protected from arbitrary state actions.
The State's decision to cancel recruitment must be bona fide and non-arbitrary; candidates do not have an absolute right to appointment despite being placed in the merit list.
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
The main legal point established in the judgment is that cancellation of selection and issuance of fresh advertisement in public employment must be justified with valid reasons, and arbitrariness has....
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
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